JUDGMENT

Mukherjea, J. - This is an appeal on behalf of the Jessore District Board which figured as defendant 1 in a suit commenced by the plaintiff for a declaration that a certain resolution of the Finance Committee and adopted by the District Board was illegal and ultra vires of the latter. The resolution was passed on 18th January 1930 and sanctioned a sum of Rs. 3,000 for purposes of a propaganda work to be carried on for the welfare of Union Committees, wherever necessary, the Chairman being authorized to spend the money by appointing workers or in such other way as he deemed proper. The propaganda was necessary in the opinion of the District Board in view of an anti-Union propaganda started at Bandabila and other places, and the plaintiff's case was that the District Board had absolutely no authority to spend any money for this purpose. He prayed for a perpetual injunction restraining defendant 1 from spending any money in pursuance of the said resolution, and there was a prayer also for refund to the district fund of any amount that might have been already spent. The defence inter alia was that the District Board was perfectly entitled under the law to sanction the amount fo